Immigration Issues/Wife's H4

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Question
Hi
I'm on H1 and changing my employer which should be done by November end. I'm opting Premium Processing and the process should start by this weekend and the petition might come by November End.
Here is my concern.
1)My new employer is NOT willing to sponsor H4 for my wife who is in India, until she is already in US on H4. But they are willing to support me with required documents thus I can arrange an attorney and can do it myself.
2)My existing employer is fixing an interview date for my wife's H4 sometime in November end.
My question - What if my wife's H4 petition got clear and meanwhile around same time I change my H1 status to my new employer, can she still fly to US on same H4 which got approved???
If yes do I need to have some more formalities?
If NO how to get her here?

Thanks in advance.


Answer
Mayank,
1) There is no provision for your employer to apply for an H-4 if your wife is not in the US. So it is wrong to say that he is not willing to sponsor. Your wife needs to apply for an H-4 visa at the consulate based on your H-1 approval.
2) YES.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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